[dtcandelaria]

The husband is a US Citizen residing in the US and the wife is a citizen in the country where she is residing presently. If the husband files a divorce in the US without the wife's signature, will the court grant that divorce ? Tks/D.

[George_1950]

If he knows her address, he should have her served in some fashion. If he does not know her whereabouts, she can be served by 'publication', a notice in the legal newspaper.

[dtcandelaria]

What if the spouse would not sign the divorce paper ? Tks/D.

[George_1950]

what if the spouse would not sign the divorce paper ? Tks/D.

" service by publication
n. serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to give "constructive notice" to a defendant who is intentionally absent, in hiding, unknown (as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence" (trying hard). Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address or to give notice to people who might have a right to object to a "quiet title" action to clear title to real property." law.com Law Dictionary
Spouse doesn't have to sign in this event.

[cadillac59]

You have to serve the divorce petition and summons. There are various ways to do that and there is an international treaty (Hague Convention) the spells out how it is done in other countries---it's expensive and time-consuming. Publication in a newspaper is not available in international cases.


If you can have the wife properly served the case might likely proceed by default. There's always jurisdiction over marital status but orders dividing property and allocating debt require presonal jurisdiction over the absent spouse.